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High CourtsSingle Bench(2002) 02 PAT CK 0078

Md. Shamim Alam vs State of Bihar and Others

Patna High Court · Decided on 7 February 2002 · Citation: (2002) 2 BLJR 886A : (2002) 1 PLJR 681

HON’BLE JUDGES
R.N. Prasad, J
CASE NUMBER
C.W.J.C. No. 2037 of 2002

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Judgment

3 paragraphs · 356 words

R.N. Prasad, J.—The petitioner is on the post of State Examiner on Finger Prints. Respondent No. 6 was Director. He retired on 30.11.2001. While he was retiring he handed overcharge of Director to Respondent No. 7 According to learned Counsel for the petitioner, the petitioner was the senior most and as such charge should have been handed over to him but it was not done with mala-fide motive. More over, in the writ petition grievance has been made for appointment of permanent Director. Rule 457B of the Bihar Police Manual says that (a) In Finger Prints Bureau, one Director and some experts shall be appointed. Apart from them, ministerial and fourth grade employees shall also be posted but they shall be a part of the C.I.D. (b) The appointment of Director shall be done by selection from experts and its orders shall be issued by the Government on the recommendation of I.G''s selection board. The I.G''s board may also recommend direct recruitment through the Public Service Commission if suitable departmental candidates are not available.

2.

Learned Counsel for the petitioner accordingly says that ad hoc arrangement on such important post for long time is not in the public interest. Steps should have been taken for filling up the post of Director. It has been stated that in such case steps are to be taken for filling up post prior to retirement but in this case it has not been done with oblique motive. Since it is a matter of filling up of the post, I do not find any reason to keep such writ petition pending before this Court as ultimately the post has to be filled up by the State and its authorities.

3.

Thus the writ petition is disposed of directing the State of Bihar and its authorities concerned to take steps for filling up the post of Director, Finger Print Bureau in terms of Rule 457-B of the Bihar Police Manual. It is made clear that entire exercise of filling up of the post must be completed within a period of three months from the date of receipt/production of copy of this order.